Mary Avenue Overcrossing

Progress

There are five different options for the project's conceptual design. This includes a no-project option. The City must select a project option for the Environmental Impact Report (EIR). For the purposes of the EIR City Council selected option 3 on April 20. The EIR project and the final preferred project for the design phase may differ. Regardless of which option was selected for the EIR, the City will study all five options. For all project options see Details tab.

Next Steps

Spring 2021 - Winter 2022 - Preparation of Draft EIR and Final EIR

Winter 2022 - Approval of EIR and selection of Preferred Option

Details

Map of location

As part of the EIR, we are analyzing the following project options:

1. Four lanes of motor vehicle travel with sidewalks and protected bicycle facilities
2. Two lanes of motor vehicle travel with sidewalks and protected bicycle facilities
3. Two lanes for transit, shuttle and high-occupancy vehicles with sidewalks and protected bicycle facilities
4. Pedestrian and bicycle overcrossing
5. Removal of the overcrossing from the General Plan

Documents

Public Hearing 21-0378, April 20, 2021 - Report to Council and Staff Presentation 
Study Session 21-0020, Feb. 2, 2021 - Staff Presentation
Community Meeting Frequently Asked Questions, Sept. 2020
Online Community Meeting on YouTube, Sept. 24, 2020
Online Community Meeting Presentation Material, Sept. 24, 2020
Bicycle and Pedestrian Advisory Commission 17-0731, July 20, 2017 - Update Staff Presentation
CEQA Scoping Meeting, March 21, 2017
Notice of Preparation (NOP) of the Environmental Impact Report, March 7, 2017
Study Session 17-0030, Feb. 28, 2017 - Environmental Impact Staff Presentation
Community Kickoff, Jan. 17, 2017

Related

City of Sunnyvale General Plan
Moffett Park Specific Plan Update 2013
Peery Park Specific Plan 2016

Background

Mary Avenue Overcrossing was included in the following City of Sunnyvale plans:

• 1981 City of Sunnyvale General Plan
• 1981 Transportation Element
• 1997 Land Use and Transportation Element
• 2004 Moffett Park Specific Plan
• 2005 Traffic Impact Fee
• 2011 Consolidated General Plan
• 2013 Moffett Park Specific Plan Update
• 2016 Peery Park Specific Plan
• 2017 Land Use and Transportation Element
• 2017 Traffic Impact Fee
• 2021 Moffett Park Specific Plan Update (in progress)

In 2007, the City of Sunnyvale completed a Draft Environmental Impact Report (EIR)  for Mary Avenue Extension. Many members of the community provided comments on the Draft ElR. The City responded to community comments. The following were the key concerns:

• traffic congestion
• traffic speed
• pedestrian and bicyclist safety
• air pollution and emissions
• noise
• property values
• smart growth
• transit access
• merchant revenues

The City Council certified the Final ElR and approved the Mary Avenue Extension project in October 2008. In 2009, the Sunnyvale West Neighborhood Association filed a legal challenge against the City. The legal challenge was about the adequacy of the ElR document, and the use of a 2020 traffic baseline for the traffic analysis. The Superior Court granted the petition in 2009. The 6th District Court of Appeal upheld the Superior Court decision in 2010. Because of this, the City Council decertified the EIR and voided the project approval in 2011.

Without an adequate EIR, no action has occurred on the project since that time. In 2015, City Council directed staff to prepare an updated scope. This scope included preparing an EIR with updated options and a robust outreach. In 2016, the City selected a consultant team to begin updating the EIR.

The Office of the City Attorney (OCA) advised the project team of a recent case law. The case law involved a multi-project EIR that did not identify a project option up front. The courts ruled that EIR as violating California Environmental Quality Act (CEQA). The violation was due to the EIR not having an "accurate, stable and finite" project description for the public. The OCA advised the project team to select a project option for the purposes of the EIR. Regardless of the project selection for the EIR, the City will study all five options equally in the EIR. The City Council will select the preferred project option after completion and acceptance of the Final EIR.